SHAMA PARVEEN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) These two appeals are filed against the common judgment dated 28 th January, 2009 passed in Sessions case no.37/08 by the Addl. Sessions Judge, Karkardooma Courts, Delhi arising out of FIR No.51/2002 registered at Police Station Nand Nagri under Sections 302/201/120-B IPC wherein both the appellants namely Tauhid Raza @ Guddu and Shama Parveen are convicted for the offence under Sections 302/201 IPC read with section 120- B IPC. Co-accused Mohd. Khalil is convicted for the offence u/s 201 IPC read with section 120-B IPC. The appeals are also directed against the order of sentence dated 31 st January, 2009 whereby both the appellants are sentenced to life imprisonment with fine in the sum of Rs.25,000/- each for the offence u/s 302 IPC read with section 120-B IPC and in default of payment of fine, both of them are to further undergo SI for a period of three months. Both the appellants are further sentenced to undergo imprisonment for seven years for the offence u/s 201 read with section 120-B IPC with a fine of Rs.10000/- each and in default of payment of fine, each shall further undergo SI for a period of three months. Co-accused Mohd. Khalil is sentenced to undergo imprisonment for seven years for the offence u/s 201 IPC read with section 120-B IPC with a fine in the sum of Rs.10000/- and in default of payment of fine to undergo SI for three months. Co-accused Mohd. Khalil has deposited the fine and has not preferred appeal against his conviction and sentence. The appellants were given the benefit of Section 428 Cr.P.C. It was also ordered that both the sentences shall run concurrently.

(2.) Briefly the facts of the case are as under:-

(3.) The aforesaid DD report i.e., Ex.PW5/A was marked to SI Tanvir Ashraf PW-17 who along with Constable Yashvir went to the spot where the dead body of a male aged about 40 years having some injuries on the head and cut marks on the shoulder was lying. A scooter (Bajaj Chetak) bearing no. DL 7SQ 5486 seized vide memo Ex. PW17/article 12 was parked at some distance from the dead body. A pair of shoes with blood stained socks were also lying near the dead body. A jacket made of rexine was also lying there. There was a key in the scooter. With the said key, dickey of the scooter was opened and driving licence, pollution certificate, insurance policy and other documents were taken out. The driving licence was in the name of Shamim Ahmed, R/o N-169, Sunder Nagri. In the meantime, Inspector Iqbal Mohd PW 18A had also reached the spot. One Abdul Karim (PW1) also reached there and had identified the dead body as that of his relative, namely Shamim Ahmed. The crime team including a photographer was called at the spot. Inspector Iqbal Mohd PW-18A made endorsement Ex. PW18/A on the copy of DD 2A Ex. PW5/A and sent the same to police station through Constable Hitender PW 14 and got the FIR Ex.PW5/B registered. The Photographer took photos Ex. PW6/16 to Ex.PW6/30 of the spot. The Site Plan Ex.PW18/B was prepared. The blood from the spot was picked up with the help of a cotton gauze as well as earth control and blood stained earth. Three separate pulandas (bundles) were prepared in this regard and the same were sealed with the seal of IMK and seized vide seizure memo Ex.PW14/D. The jacket, shoes and socks lying at the spot were kept in a pullanda which was also sealed with the seal of IMK and were seized vide memo Ex.PW14/A. The documents recovered from the dickey of scooter were also seized vide Seizure Memo Ex.PW14/B. The scooter along with the key was also seized vide Seizure Memo Ex.PW14/C. Inspector Iqbal Mohd PW-18A filled up the inquest form. The statement of Abdul Karim PW-1 and that of son of the deceased Afsar Karim PW4 were recorded about identification of dead body. The dead body was sent to mortuary GTB Hospital for postmortem through Constable Hitender PW-14.